| Two real life cases of Medical Character
Defamation
Part I: A Medical practice situation, before internet and Google's influence
in society (BG, before Google)
In the year 1996, Dr. Mary Smith (names are fictitious), was
conducting a very successful medical practice. An upset patient (that,
by the way, was saved by Dr. Smith from her cancer) reported the doctor to a
Medical Board. The government agency has the obligation to investigate
every single citizen's complaint, and they did. A year later the doctor
was found guilty of "not maintaining medical records properly" and
other minor irregularities.
The Medical Board's decision was to put Dr. Smith on five years
probation, which is a very common situation in today's medical practice:
the doctor will be monitored in her professional practice by another
doctor or group of doctors that do not have any conflict of interests with the
sanctioned doctor. This monitors
will report Dr. Smith's medical practice to the Medical Board. Dr. Smith
has to also take a Physician Assessment and a few Clinical Training programs at a prestigious university.
Dr. Smith's medical license remained in full, so she continued to
practice her profession with no restrictions. After three years, she
appealed to the Medical Board, and her probation was lifted, due to her
excellent practice, as reported by the doctors monitoring her, and for
completing the medical training.
Dr. Smith continued her medical practice as successful as it was
before her probation, and without any interruptions.
At that time, internet defamation not been heard of.
Part II: A similar Medical practice situation, after internet and Google
changed society (AG, after Google)
In the year 2005, Dr. Gunterman, (name is also fictitious) a very successful
physician, noticed that an insurance company was not paying her
treatments, for no explainable reason. She decided to file a law sue for
the six patients that had not been paid for, over several years. The money the
insurance company didn't want to pay, was in the high six to seven
figures. Enough good reason for the insurance company to try to discredit the doctor in front
of the
medical board, and influence the judges decision to win the case. In this way they wouldn't have
to pay any money.
The insurance company persuaded all patients in question, to complain
to the medical board about the doctor's treatment, even though they were
free of cancer, alive and well; other wise they could have not make any
complain at all! What the insurance company use or promise to lure the
patients to report the doctor who save their lives, is still a mystery.
The rest of the story is very similar to the one in Part I, but the
ending is quite surprising and different.
The doctor was put on five years probation, his medical practice
monitored, and ordered to take a
Medical Record Keeping program. Dr. Smith's medical license stayed in
full, and she continued to practice her profession with no restrictions.
Part II: The implications and damage of online Character
Defamation. Internet has changed dramatically the way society
behaves. In November 2006, Dr. Gunterman's practice manager noticed the
number of patients coming from the internet, dropped to ZERO almost
overnight! Their successful website was bringing about 90% of the total
patients in the last six years.
We were called by the doctor to check if the website was working
properly, since we designed and optimized her website about seven years
before. We confirmed the website was having a very good traffic; as good
as it could be: about 40 visitors a day. Forty visitors a day and not
even one patient for a month already! Some thing was really wrong.
With a little investigation in the internet, we realized that whenever
Dr. Gunterman's name was Googled, a malicious and massive medical
character defamation website's mention, appeared in the first page,
first position of Google search, and most search engines. People
looking for a treatment in the web, after finding Dr. Gunterman's
website, performed a background check in the internet. When they found
this very negative comments in the first page of Google, they just
dropped her website and looked for another website. Is important to
notice that besides the information about the doctor's probation, which
was true, this massive medical character defamation website added non
truthful conclusions about the doctor, making her appear like an outlaw
quack. The doctor tried
in vane to have those negative comments removed from the massive medical
character defamation website, to no avail. Not even lawyers could do
anything to solve the problem, as there is not clear and effective law to protect
character defamation in the internet, at the moment. The lawyers were
able to make the site change or remove some of the "inaccurate
information", that in plain English we call "lies", or libel. Part IV: The
solution After four weeks looking how to solve the problem, we
suggested to optimize (SEO) at least two pages of her website, so they
will show in the first page of Google search, before the website with
negative comments. Then we optimized other website, related to her
specific kind of treatment. This two websites, started showing in
Google's search first page very shortly, displacing the massive
character defamation website, to the middle of the page; but it wasn't
enough, the negative mentions were still there, in the first Google's
search page. We then suggested the creation of five websites, with the
doctor's name as domain names (doctor's_name.org, and variations of it), in order to be able to place them
ahead of the negative online comments. It is not necessary to choose a domain
name, using the person's name as part of it; a very good placement in search
engines can be obtained with any domain name, any way. In about four months of
diligent work, the malicious website was displaced from the first page
of Google search. New patients begun to come through the website, and
the doctor's practice started to come back to what it was before. |